S.Bhuvaneswari vs The State Rep. By
2021 Latest Caselaw 320 Mad

                                                                   1          Crl.OP No.20413 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 05.01.2021

                                                           CORAM

                              THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                CRL.O.P.No.20413 of 2020

                     S.Bhuvaneswari,
                     W/o.Paramasivan.                                                  ...Petitioner

                                                         .Vs.

                     The State rep. by
                     The Inspector of Police,
                     Thirupalaivanam Police Station,
                     Ponneri Taluk,
                     Thiruvallur-601205.                                            ...Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of

                     Criminal Procedure, to direct the respondent to register the complaint given

                     by the petitioner dated 07.08.2020 and to proceed with the investigation

                     according to law.

                                     For Petitioner      : Mr.R.Perumal Raj

                                     For Respondents : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor




https://www.mhc.tn.gov.in/judis/
                                                                  2          Crl.OP No.20413 of 2020

                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondent Police to register an FIR based on the petitioner's complaint

dated 07.08.2020 pending on the file of the respondent police.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed

by a Division Bench of this Court in G.Prabhakaran v. The

Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489.

The Hon'ble Supreme Court in its latest judgment rendered by a three Judge

Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464,

after relying upon Sakiri Vasu Case, has categorically held that the High

Court cannot issue any direction for registration of FIR in exercise of its

jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held

that the informant has to necessarily avail of the alternative remedy

provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.

Liberty is given to the petitioner to workout her remedy as per the directions

https://www.mhc.tn.gov.in/judis/

issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

05.01.2021

Internet: Yes/No rm

To

1.The Inspector of Police, Thirupalaivanam Police Station, Ponneri Taluk, Thiruvallur-601 205.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.20413 of 2020

05.01.2021

https://www.mhc.tn.gov.in/judis/